What it takes to build on a property in Santa Fe
If you own a piece of land in Santa Fe or are thinking of buying one, it’s natural to ask: Can I build anything I want on it? The short answer is—maybe. But first, your property has to meet some essential criteria before the city or county will approve a building permit.
Let’s walk through the top three things that determine whether your property is truly build-ready—or full of hidden hurdles.
1. Having a legal lot of record
One of the biggest surprises for landowners is discovering that a survey or title insurance isn't enough to prove your property is buildable. The real key i having a legal lot of record.
What is a legal lot of record?
A legal lot of record is a parcel of land that was legally created and recorded according to the subdivision laws in effect at the time it was created. It’s officially registered with the County Clerk’s office, and it confirms that the lot exists as a legally recognized entity.
Why is it crucial?
Without this designation, the city or county might not issue a building permit—even if you have a valid survey map, a title insurance, or a long-standing deed.
Why? Because surveys only describe the land’s dimensions and boundaries—not its legal status. Title insurance protects ownership but doesn’t guarantee that your lot complies with current or historical subdivision rules.
If your lot isn’t officially recorded as legal, you may not be allowed to build on it.
How to verify it
To find out if your property is a legal lot of record:
Ask for confirmation from the County Clerk’s Office that your lot is recognized as a legal lot of record.
If the land was split or transferred in the past, make sure it was done legally under the subdivision regulations in effect at that time.
Request written verification.
If you're working with a real estate agent, architect, or permitting consultant, they can often help track this down or guide you through the process.
2. Your driveway is up to code for fire department access
Even with a legal lot of record, access to your property has to meet certain life-safety standards—specifically for emergency vehicles.
According to Santa Fe County regulations (as of May 2025), your driveway must comply with Fire Department access requirements:
Minimum Width: 14 feet
If the driveway is over 150 feet: You’ll need a turnaround (space where emergency vehicles can reverse).
If it’s over 250 feet: You’ll need both a turnout (a place to pull aside) and a turnaround.
If your access road or driveway doesn’t meet these rules, you may have to upgrade it before a building permit will be approved.
3. Existing zoning violations
Older properties, in particular, may have structures or features that don’t comply with today’s zoning rules. Common examples include:
Setback violations: Buildings too close to property lines.
Height violations: Structures taller than allowed under current code.
When you apply for a new construction permit, these issues can surface and delay (or derail) your plans.
So… Can You Build Anything?
Technically, you can build a lot—but not until you’ve confirmed that your property is eligible.
Wide Angle Curve can help verifying your lot or navigating the building process in Santa Fe.
We help landowners and buyers understand their build potential and work through permitting with confidence. Reach out today to schedule a consultation.